Congressional Record, Volume 144 Issue 10 (Wednesday, February 11, 1998)

[Congressional Record Volume 144, Number 10 (Wednesday, February 11, 1998)]
[Senate]
[Pages S664-S667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. ROTH:
S. 1622. A bill to suspend temporarily the duty on deltamethrin; to
the Committee on Finance.
S. 1623. A bill to suspend temporarily the duty on diclofop-methyl;
to the Committee on Finance.
S. 1624. A bill to suspend temporarily the duty on piperonyl
butoxide; to the Committee on Finance.
S. 1625. A bill to suspend temporarily the duty on resmethrin; to the
Committee on Finance.
S. 1626. A bill to suspend temporarily the duty on thidiazuron; to
the Committee on Finance.
S. 1627. A bill to suspend temporarily the duty on tralomethrin; to
the Committee on Finance.
S. 1628. A bill to suspend temporarily the duty on synthetic organic
coloring matter c.i. pigment yellow 109; to the Committee on Finance.
S. 1629. A bill to suspend temporarily the duty on synthetic organic
coloring matter c.i. pigment yellow 110; to the Committee on Finance.
S. 1630. A bill to suspend temporarily the duty on pigment red 177;
to the Committee on Finance.

legislation to suspend temporarily the duty on certain chemicals

Mr. ROTH. Mr. President, I rise today to introduce nine bills to
suspend temporarily the imposition of duties on the importation of
certain products.
I am pleased to introduce six bills to suspend temporarily the
imposition of duties on imports of certain chemicals used in the
production of pesticides. These chemicals are deltamethrin, diclofop-
methyl, piperonyl butoxide, resmethrin, thidiazuron and tralomethrin.
By temporarily suspending the imposition of duties, these bills would
help AgrEvo USA, a company located in Wilmington, Delaware, lower its
cost of production and improve its competitiveness.
I am also pleased to introduce three bills to suspend temporarily the
imposition of duties on imports of Pigment Yellow 109, Yellow 110 and
Pigment Red 177. These high quality coloring materials are imported for
sale in the United States by Ciba Specialty Chemicals Corporation
(Pigments Division), a company located in Newport, Delaware. By
temporarily suspending the imposition of duties, these bills will
reduce significantly the cost of coloring materials that are used in a
wide variety of finished products, including automotive parts, vinyl
flooring, carpet fibers and plastic utensils.
I ask unanimous consent that these bills be printed in the Record.
There being no objection, the bills were ordered to be printed in the
Record, as follows:

S. 1622

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.30.18 (1R,3R)-3(2,2- Free No change No change On or before 12/31/2000
dibromovinyl)-2,2-
dimethylcyclopropane-
carboxylic acid (S)-
alpha-cyano-3-
phenoxybenzyl ester
(deltamethrin) in bulk
or in forms or packings
for retail sale (CAS
No. 52918-63-5)
(provided for in
subheading 2926.90.30
or 3808.10.25).........

(b) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____

S. 1623

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subheading 9902.30.16 of the Harmonized
Tariff Schedule of the United States is amended by striking
``12/31/98'' and inserting ``12/31/2000''.
(b) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
____

S. 1624

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

[[Page S665]]

`` 9902.32.99 5-[[2-(2- Free No change No change On or before 12/31/2000
butoxyethoxy)ethoxy]m
ethyl]-6-propyl-1,3-
benzodioxole (piperonyl
butoxide) (CAS No. 51-
03-6) (provided for in
subheading 2932.99.60).

S. 1625

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.32.19 [5-(phenylmethyl)-3- Free No change No change On or before 12/31/2000
furanyl] methyl 2,2-
dimethyl-3-(2-methyl-1-
propenyl)
cyclopropanecarboxylate
(resmethrin) (CAS No.
10453-86-8) (provided
for in subheading
2932.19.10)............

S. 1626

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subheading 9902.30.17 of the Harmonized
Tariff Schedule of the United States is amended by striking
``12/31/98'' and inserting ``12/31/2000''.
(b) Effective Date.--The amendment made by this section
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of enactment of this Act.
__

S. 1627

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.30.19 Cyclopropanecarboxylic Free No change No change On or before 12/31/2000
acid, 2,2-dimethyl-3-
(1,2,2,2-
tetrabromoethyl)-,
cyano(3-
phenoxyphenyl)methyl
ester (tralomethrin) in
bulk or in forms or
packages for retail
sale (CAS No. 66841-25-
6) (provided for in
subheading 2926.90.30
or 3808.10.25).........

S. 1628

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY ON C.I. PIGMENT
YELLOW 109.

Subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States is amended by inserting in
numerical sequence the following new heading:

`` 9902.32.00 Benzoic acid, 2,3,4,5- Free No change No change On or before 12/31/2000
tetrachloro-6-cyano- ''
,methyl ester, reaction .
product with 2-methyl-
1,3-benzenediamine and
sodium methoxide (CAS
No. 106276-79-3)
(provided for in
subheading 3204.17.04).

SEC. 2. EFFECTIVE DATE.

The amendment made by this Act applies with respect to
goods entered, or withdrawn from warehouse for consumption,
on or after the 15th day after the date of the enactment of
this Act.
____

S. 1629

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY ON C.I. PIGMENT
YELLOW 110.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.32.05 Benzoic acid, 2,3,4,5- Free No change No change On or before 12/31/2000
tetrachloro-6-cyano- ''
,methyl ester, reaction .
products with p-
phenylenediamine and
sodium methoxide (CAS
No. 106276-80-6)
(provided for in
subheading 3204.17.04).

S. 1630

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

`` 9902.30.58 Pigment red 177 (CAS No. Free No change No change On or before 12/31/2000
4051-63-2) (provided
for in subheading
3204.17.04)............

By Mr. HUTCHINSON (for himself, Mr. DeWine, Mr. Smith of New
Hampshire, Mr. Craig, Ms. Collins, Mr. Inhofe, Mr. Faircloth,
and Mr. Helms):
S. 1631. A bill to amend the General Education Provisions Act to
allow parents access to certain information; to the Committee on Labor
and Human Resources.

the parental freedom of information act

Mr. HUTCHINSON. Mr. President, imagine, if you will, that your
daughter is given an assignment by her teacher which requires her to
keep a journal, not just a journal of her own intimate and very private
thoughts, but of answers to questions that have been posed to her by
her teacher. Should you as a parent have a right to know what questions
the teacher has posed, what questions the teacher has asked?
Now imagine that a research team from a local university is given
permission by your child's school to perform psychological exams on
your son or daughter. Should you as a parent in that situation have a
right to approve of this exam before it takes place? Should you as a
parent at least be informed about the impending exams?
Finally, Mr. President, imagine that your son is required to take a
class in ``decisionmaking'' which you are concerned may include
discussion of issues that might violate or be contrary to the teachings
you have espoused and inculcated in your children in the

[[Page S666]]

home.Should you, in that circumstance, as a parent have a right to
review the classroom material prior to enrolling your children in that
particular class, in that decisionmaking class?
In each of these three examples, the clear and, I think, the obvious
answer is yes, parents, as those to whom primary responsibility for the
education of their children is entrusted, should be allowed to know
what questions their children are being asked; parents should have the
right to decide whether or not their children are examined
psychologically; parents should have the right to review their
children's curriculum.
Unfortunately, the above examples are not just random hypotheticals
that I dreamed up or that I had my staff dream up. These are real-world
examples of how public schools are currently usurping the rights of
parents to be informed about the education of their children.
Mr. and Mrs. Robinson from Sheridan, AR, have yet to learn what
questions were posed to their daughter by her teacher in an in-class
journaling assignment. Parents in Monroeville, PA, have yet to obtain
their children's records maintained as a part of a research project run
in their children's school by the University of Pittsburgh. Parents in
California have been forced to go to court to view the curriculum being
used in their local school for a class that they fear may delve into
deeply personal matters.
How can this be the case? How can we have this situation in a country
founded on the principles of freedom, in a country that has always
respected the parents' ultimate authority in the rearing and education
of their children? How can parents be denied basic information relating
to their children's education?
The answer may lie in a book recently published by Eric Buehrer
entitled ``The Public Orphanage.'' In this book, Mr. Buehrer points out
that public schools have become ``one-stop social service agencies''
attempting to address the needs of children that were traditionally the
responsibility of the children's parents.
Whether this trend is the errant result of a legitimate attempt to
fill the void left in children's lives with the breakdown of the
American family, or whether this trend is part of a more sinister
philosophy based on belief that ``Washington or Government knows
best,'' it is a trend that is leading to lower educational achievement
and to less clearly defined standards of right and wrong for our
Nation's children. In short, I think it is a trend that we should not
allow to continue.
The importance of parents in the education of their children was
clearly emphasized in 1994 by Secretary of Education Richard Riley in
testimony before the Committee on Labor and Human Resources. In this
testimony, Secretary Riley, I think very powerfully and poignantly,
emphasized that ``Thirty years of research tells us that the starting
point of American education is parental expectations and parental
involvement with their children's education'' and that schools must
``establish a supportive environment for family involvement.''
Despite this important parental role, Secretary Riley pointed out
that ``many parents feel that their right to be involved in school
policy--to be full participants in the learning process--is being
ignored, frustrated or even denied.'' In short, Secretary Riley noted
that many parents simply do not feel ``valued'' by the schools that
educate their children.

So today, I am introducing legislation that will value the role of
parents in educating their children. It will help to establish a
supportive environment for families by guaranteeing parents a place at
the table in decisions central to the creation and implementation of
education policies within their local schools.
This legislation builds on the already well-established principles
outlined in the 1974 Family Education Rights and Privacy Act, which
ensures that parents have access to all records which public schools
maintain on their children. The Parental Freedom of Information Act,
which I am introducing today, will strengthen the rights of parents by
guaranteeing them access to the curriculum being used to teach their
children. Current law, the 1974 law, ensures that parents will have
access to the records and files that are maintained on their children.
But we need to go a step further. We need to build on that successful
1974 legislation by ensuring that parents also have the right to access
the curriculum being used to teach their children. I think it is a
reasonable provision which allows parents to review their children's
textbooks, audio-visual materials, manuals, journals, films and any
other supplemental material used to educate their children.
On the surface, one would think this legislation shouldn't be
necessary. I think most Americans assume that parents already have the
right to go into the school and ask to see the books, ask to see the
curriculum materials, ask to see the supplemental materials, ask
permission to view a film that might be shown to their children, to
look at the journals that are in the library, and to have basic access
to all of the information and all of the curriculum materials being
used in the education of their children. But unfortunately, the record
is now replete with examples of where parents have run into a stone
wall and have met stiff resistance when they have tried to obtain that
kind of basic educational information. Information which is so
essential to the education of their children.
So we say on one hand, we want parents to be supportive, we want
parents to be involved, we want parents to attend PTA, we want them to
attend parent-teacher conferences, we want them to show by their
actions that they are actively involved in the education and upbringing
of their children. We don't want our public schools to be social
orphanages that take care of the children from breakfast until supper.
Then, on the other hand, we allow policies to be enacted in local
schools across this country that resist that very desire by many
parents, that make it difficult, if not impossible, to access critical
materials being used in the education of their children.
The Parental Freedom of Information Act will provide parents access
to curriculum and to the testing materials administered to their
children, and it will require parental consent prior to any student
being subjected to medical, psychological or psychiatric examinations,
testing or treatment at the school.
This legislation is very basic and straightforward and, I think, is
just plain common sense. This legislation will empower parents by
providing them access to the information they need to oversee and
direct the education of their children and will slow, and hopefully
reverse, the establishment of schools as public orphanages.
I look forward to pursuing this legislation in committee and with my
colleagues in the Senate.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1631

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Parental Freedom of
Information Act''.

SEC. 2. INFORMATION ACCESS AND CONSENT.

(a) In General.--Section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) is amended by adding at the
end the following:
``(i) Instructional and Testing Materials.--
``(1) In general.--No funds shall be made available under
any applicable program to any educational agency or
institution that has a policy of denying, or that effectively
prevents, the parent of an elementary school or secondary
school student served by such agency or at such institution,
as the case may be, the right to inspect and review any
instructional material used with respect to the educational
curriculum of, or testing material administered to, the
student. Each educational agency or institution shall
establish appropriate procedures for the granting of a
request by parents for access to the instructional material
or testing material within a reasonable period of time, but
in no case more than 30 days after the request has been made.
``(2) Definitions.--In this subsection:
``(A) Instructional material.--The term `instructional
material' means a textbook, audio/visual material, manual,
journal, film, tape, or any other material supplementary to
the educational curriculum of a student.
``(B) Testing material.--The term `testing material' means
a copy of any test (without responses) that is administered
to a student during the current or preceding school year,

[[Page S667]]

and if available, any statistical comparison data regarding
the test results with respect to the student's age or grade
level. The term does not include a nonclassroom diagnostic
test, a standardized assessment or standardized achievement
test, or a test subject to a copyright agreement.
``(j) Right of Access.--
``(1) In general.--A parent of an elementary school or
secondary school student whose right to gain access to
information or material made available to the parent under
this section during the 30-day compliance period set forth in
subsection (a)(1) or (i)(1) is knowingly or negligently
violated may maintain an action for appropriate relief after
the last day of such period. Appropriate relief includes
equitable or declaratory relief and reasonably incurred
litigation costs, including a reasonable attorney's fee.
``(2) Limitation.--A civil action under this subsection may
not commence more than 2 years after the last day of the 30-
day compliance period set forth in subsection (a)(1) or
(i)(1).
``(k) Parental Consent.--No funds shall be made available
under any applicable program to an educational agency or
institution that, as part of an applicable program and
without the prior, written, informed consent of the parent of
a student, requires the student--
``(1) to undergo medical, psychological, or psychiatric
examination, testing, treatment, or immunization (except in
the case of a medical emergency); or
``(2) to reveal any information about the student's
personal or family life (except to the extent necessary to
comply with the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.)).''.
(b) Right of Access.--The third sentence of section
444(a)(1)(A) of the General Education Provisions Act (20
U.S.C. 1232g(a)(1)(A)) is amended by striking ``forty-five''
and inserting ``30''.
______

By Mr. CHAFEE:
S. 1633. A bill to suspend through December 31, 1999, the duty on
certain textile machinery; to the Committee on Finance.

duty suspension legislation

Mr. CHAFEE. Mr. President, this afternoon I am introducing
legislation to suspend the duty on the importation of certain textile
printing machines that are used by textile manufacturers in the United
States.
These particular machines are used for the printing of patterns,
designs and motifs on fabrics--an important process in the making of
textile goods. However, none of these machines are made in the United
States. That means domestic manufacturers must import these machines at
considerable cost, which does not help their ability to compete in what
is an increasingly challenging market. Yet since there is no domestic
industry producing these machines, the duties serve little purpose.
The bill I am introducing would lift the duty imposed on these
machines. It is my hope that by doing so, we will be helping the
textile industry in this country to improve its competitiveness and
maintain its workforce, both in Rhode Island and around the nation.
By introducing this legislation today, I believe there should be
ample time for review and comment on the bill, and that it can be ready
for inclusion when Senate begins work on comprehensive duty suspension
legislation this year.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1633

Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled, that
(a) Subchapter II of Chapter 99 of the Harmonized Tariff
Schedule of the United States is amended by inserting in
numerical sequence the following new heading:

``9902.81.20 Other textile Free No No On or
printing change change before
machinery 12/31/
(provided for in 99''
subheading
8443.59.10)

(b) The amendment made by subsection (a) shall apply to
goods entered, or withdrawn from warehouse for consumption,
on or after the date that is 15 days after the date of the
enactment of this Act.
(c) Notwithstanding section 514 of the Tariff Act of 1930
or any other provision of law, upon proper request filed with
the Customs Service within 180 days after the date of the
enactment of this Act, any entry, or withdrawal from
warehouse for consumption, of goods described in subheading
8443.59.10 of the Harmonized Tariff Schedule of the United
States--
(1) which was made after December 31, 1997, and before the
date that is 15 days after the date of the enactment of this
Act, and
(2) with respect to which there would have been no duty if
the amendment made by subsection (a) applied to such entry or
withdrawal,

shall be liquidated or reliquidated as if such amendment
applied to such entry or withdrawal.

____________________